Teaching code

4S008461

Teacher

Annalisa Ciampi

Coordinatore

Annalisa Ciampi

Credits

6

Language

English

Scientific Disciplinary Sector (SSD)

IUS/13 - INTERNATIONAL LAW

Period

1st lecture period (1A) dal Sep 15, 2022 al Oct 27, 2022.

Lessons timetable Moodle Seminars

Learning objectives

The course is aimed at providing an in-depth analysis of arbitration as a dispute settlement mechanism between States (inter-states arbitration), between private parties (commercial arbitration) as well as between States and private parties (investment arbitration). Specific attention will be devoted to the understanding of the advantages and specificities of arbitration, such as its flexibility, its expeditiousness, the confidentiality aspect, freedom to designate the arbitrators and easier circulation of arbitral awards compared to diplomatic processes, international tribunals and decisions rendered by state courts, as the case may be. At the end of the course, students will develop the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class.

Prerequisites and basic notions

None

Program

The course is structured into three parts. I Inter-States Arbitration. In this context, through the study of the case of the South China Sea Arbitration between the Philippens and China, the course will deal with the advantages and limits of arbitration vis-à-vis the diplomatic means of dispute settlement and resort to international courts and tribunals. II. International Commercial Arbitration. This part will focus on general issues, including the distinction between administered and ad hoc arbitration, the sources of international arbitration, the arbitration agreement, the arbitral proceeding, the laws applicable to the arbitration, the arbitral award and its recognition and enforcement. III Investment Arbitration. The course concentrates on the standards for protection of foreign investment and the specificities and advantages of arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) as well as under the EU proposed International Court System (ICS).

Bibliography

Didactic methods

TEACHING
The lessons, in compliance with the University guidelines, will be held in the presence. The recording of each lesson will be available on the course's moodle page.
The course is taught entirely in English. The teaching method combines lectures, case-studies and group discussion.

The video recordings will be made available only to attending students and, upon request, to students who are in particular situations of fragility due to disabilities or learning disabilities as well as to those in isolation due to Covid-19.

Learning assessment procedures

The examination aims at ascertaining the student's acquired capacity of legal analysis of relevant international treaties and cases.
ATTENDING STUDENTS shall prepare on their notes and the materials indicated during the course and made available on the moodle platform. As part of their final evaluation, they will be given the opportunity to prepare a class paper based on a case in-class presentation and/or a written essay.
STUDENTS WHO DO NOT ATTEND THE COURSE shall prepare on Rudolf Dolzer and Christoph Schreuer, Principles of international investment law, 2 ed., Oxford/Oxford University Press 2012 - Only Chapters I, III and X
The examination shall be in English for both attending students (modalities to be agreed upon during the course) and non attending students (oral interview).

Evaluation criteria

Attending students will have the opportunity to be evaluated on the basis of an oral presentation and a written report, as evidence of the presentation, on a topic covered in class.
Non-attending students will take an oral interview with 3 questions designed to ascertain knowledge related to the fundamental institutes of the subject as covered in the reference textbook.

Criteria for the composition of the final grade

The final grade will be given in thirtieths.
For attending students who offer a presentation/report, the evaluation will also take into account class attendance and participation.
For students taking the oral interview, each question will be scored from 6 to 10 points.

Exam language

Inglese